Perfect for Business Term of Service
By clicking “Try free for 30 days” / “Start free trial” / or by subscribing to the Services, downloading, installing or otherwise accessing or using the Services, you agree that you have read and fully understood and agree to be bound by the Terms herein. If you do not agree, you shall not use services offered by Perfect.
The Service provides you with the direct access to our online console (“Perfect Console”) to facilitate and deliver our makeup augmented reality virtual try on module that allows you to subscribe to the module to enable your customer to have a makeup virtual try on experience with your makeup products directly on your website/mobile app. Through the Console, you can manage, upload product sku’s, including related product description and promotional materials of the product skus, view aggregated data analytics of customer try ons (collectively known as “Services”).
You understand that the Services provided herein is not a retail store or your product delivery platform. Perfect shall in no event liable or be accountable for any compliance with applicable federal, state, or local laws, rules, regulations or standards pertaining to retail/delivery businesses. In addition, Perfect does not guarantee the quality of your skus and products uploaded on Perfect console and you shall be solely responsible to independently verify all products skus uploaded on the console regarding your products when using the Service (“Content”).
You must be at least 18 years old to use the Platform and an authorized representative of your organization. By agreeing to these Terms, you represent and warrant to us: (a) That you are at least 18 years old; (b) That you have not previously been suspended, banned, or removed from the Platform; (c) That your registration and your use of the Platform is in compliance with any and all applicable laws and regulations; (d) You are not located in a country that is subject to a U.S. Government as sanctioned or embargoed countries; and (e) You are not listed on any U.S. Government as Specially Designated Nationals and Blocked Persons List.
Accounts and Registration
To access the Services, you must register for an account on the Site to gain access to Perfect console. When you subscribe, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us at firstname.lastname@example.org. Perfect shall not be liable and you shall be liable for all losses, damages, liability, expenses, and lawyers’ fees incurred by Perfect or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
Scope of License
The Services and Perfect Console are licensed for commercial use, not sold, to you for use only under the terms herein. Perfect reserves all rights not expressly granted to you. Subject to your full payment of your subscription plans and ongoing compliance with these terms, Perfect hereby grants you a limited, non-sublicensable, non-transferable, and revocable license to access the Platform, Services and Perfect Console that you own or control, solely for your commercial use Perfect may revoke this license at any time, in its sole discretion if you violate any of the terms herein. You may not modify, alter, reproduce, distribute or make Services, Platform or Perfect Console. You may not rent, lease, lend, sell, redistribute or sublicense Services provided herein, Platform or Perfect Console. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these terms, you may be subject to prosecution, legal and damages and equitable remedies, as well as liability for infringement of intellectual property rights.
We may make changes or updates to the Services (such as infrastructure, security, technical configurations, application features, etc.) during the term of your subscription, including reflecting changes in technology, industry practices, and patterns of system use. Such Service specifications are subject to change at our sole discretion; however, when we change the service specifications, such change will not result in a material reduction in the level of performance or availability of the applicable Services provided to you for the duration of your subscription.
You will make the full payment of your preferred subscription plan (i.e. Essential or Premium ) either on a quarterly or annual basis. All payment shall be handled by Cleverbridge for charges paid by you and these payment are final and non-refundable and will be quoted in US Dollars, Euro or any other major currencies available in the subscription plan.
Perfect may change, modify fees for use of our Platform, Services or Perfect Console at any time as we deem necessary or appropriate for our business. You will be notified in advance of any changes to the terms herein or the revised fee. We encourage you to check our Site or contact our customer service at email@example.com periodically to learn more about how we charge for the Platform. In any event that you are not agreeable with any revision of any terms or use herein, you may terminate the subscription.
Perfect has no obligation to itemize its costs, profits or margins when publishing prices of the Services and reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Platform provided under these terms.
We may change the subscription terms or fees at any time on a going forward basis in our discretion. If the pricing for your subscription increases, we will notify you, and provide you an opportunity to change your subscription before applying those changes to your account or charging your payment details in connection with an automatic renewal. The notification will inform you of how long you have to change your subscription before the changes become effective. Your continued use of our Services, Platform and Perfect Console after the changes become effective will constitute your acceptance of the changes. If you wish to discontinue the subscription of the new fees or features, you may cancel your subscription and you acknowledge that there shall be no refunds if you choose to terminate prior to the expiration of your subscription period. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward. If you cancel a pre-paid yearly or quarterly subscription, you will not receive any refund.
Services are offered based on quarterly or yearly subscription to the Service on a per account basis. When you choose a free trial plan, you will not be charged on the applicable fee during your free trial. Upon or prior to the expiry of the 30 days free trial period, if you are happy with our Services and wish to continue using the Services, you may subscribe to either one of the Plans by inputting your payment details on our site.
If you signed up for an auto-renewal of the subscription, you acknowledge that you are signing up to an auto-renewing subscription upon expiration of each cycle of your choice of subscription (i.e. quarterly or yearly) on your first use our Services and you agree to pay the then-current applicable fee associated with the subscription of your choice. You may always change the auto renewal setting to manual renewal by making the necessary adjustment on the Console, and such adjustment will only reflect in your next cycle of subscription. You will receive a notice from us that your free trial has ended. YOU ARE ONLY PERMITTED ONE (1) FREE TRIAL. If your subscription is ever terminated for any reason, and you purchase another subscription, you shall not be eligible for a free trial on any subsequent subscriptions. For avoidance of doubt, “you” referred to in this section refers to an entity.
If you decide to adjust your subscription plan, you may do so on your console account by following the steps below:
Go to "account"-->”Change Plan”-->"save" to ensure your preferred subscription plan is properly “updated” and recorded on your console account.
Note: If you have not adjusted manually by yourself on your Perfect Console account to “cancel my subscription by the end of the term” , you acknowledge that your subscription will be automatically renewed and no pro-rata refunds will be provided to you which you claimed to have canceled and during such active subscription period and we will continue (and you authorise us to) charge your subscription fee to the credit card/bank account you provided upon initial sign up.
Note: No refunds will be given for incorrect choice or change of mind unless at the sole discretion of Perfect. If you are entitled to a refund at law or Perfect elects to provide a refund, the payment will be processed according to the below terms:
- If the subscription fee was paid via credit card or wire transfer then refund of such fee minus restocking fee, administrative fee and taxes (“Refund”) can only be processed back to you to that same credit card from which the payment originated.
- Please allow the office up to sixty (60) days to confirm your payment and issue the Refund.
If you sign up for the Essential/Premium subscription, you will be charged for the first upfront, non-refundable (except as described below) quarterly subscription fee (including any applicable taxes) on the date of your subscription. Your subscription will automatically continue on a quarterly basis at the then-current price (including any applicable taxes), and you will continue to be charged on a quarterly basis, until you cancel your subscription or we terminate it.Yearly Subscription
If you sign up for the yearly subscription, you will be charged for the upfront, non-refundable (except as described below) yearly subscription fee and any applicable taxes on the date of your subscription. Your subscription will automatically continue on a yearly basis at the then-current price (including any applicable taxes), and you will continue to be charged on a yearly basis, until you cancel your subscription or we terminate it.
Modification to your current subscription
You can always upgrade your subscription plan from Essential Plan to Premium Plan anytime by changing the settings on the Console and making the necessary upgrade charges. See example below for an upgrade of plan.
Example: A user purchased Essential quarterly plan ($599) on 3/1/2019 and would like to upgrade to Premium quarterly ($899) on 4/1/2019. Then this user will be charged $1,299+tax
User needs to pay: $899 X 3 months = $2,697Current Plan
User already paid: $699 X 3 months = $2,097
User used 1 month: $699 X 1 month = $699
User credited with plan change = $1,398 on 4/1
$2,697 - $1,398 = $1,299
User will be charged $1,299+tax
If you wish to downgrade your plan from Premium Plan to Essential Plan, you are only permitted to do so after
expiry of term of subscription which you have first subscribed to (i.e. next billing date) on Console. See example of below for a downgrade of plan.
Example: A user purchased Premium quarterly plan ($899) on 3/1/2019 and would like to downgrade to Essential quarterly ($599) on 4/1/2019. Then this user will be charged $0 today and charged $599 on 6/1/2019. User will get notification of certain feature change after plan downgrade.
The Service provides a service uptime of 99.58% (“Uptime”). In any event of a service downtime, you acknowledge that your exclusive remedy shall be an extension of period to use the Service that proportionately reflects on the occurrence of the downtime and in no event shall Perfect be liable for any refund or penalty whatsoever for service downtime.
You may include/ upload your product skus / makeup products from third-party when using the Services, Any such activity, and any interactions, disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable third-party. Perfect and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between you and any third-party. In no event shall Perfect or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods or products may require your agreement to additional or different terms and conditions prior to your use of or access to such goods, and Perfect disclaims any and all responsibility or liability arising from such agreements between you and a third party. You acknowledge and understand that Perfect is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other third party.
User Conduct and Obligations
- Responsible Use. The Services are dedicated to users who observe a certain degree of courtesy and professionalism. You must use the Services responsibly in the following manner:
- obliged to keep the login names and the passwords required for the use of the Services confidential, to keep it in a safe place, and to protect it against unauthorized access by third parties with appropriate precautions.
- Before entering its data and information, you are obliged to check the same for viruses or other harmful components and to use state of the art anti-virus programs for this purpose. In addition, you shall be solely responsible for the entry and the maintenance of your customer’s data;
- Irresponsible Use. Any misuse of the Services shall not be tolerated and you shall not:
- copy, modify, host, stream, sublicense, copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the resell the Services;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
- bypass any security or other features of the Platform, Services and Perfect Console designed to control the manner in which the Platform, Services and Perfect Console are used, harvest or mine content from the Platform, Services and Perfect Console, or otherwise access or use the Platform, Services and Perfect Console in a manner inconsistent with the terms herein;
- perform any fraudulent activity, including impersonating any person or entity, distributing, falsely state or misrepresent your affiliation with a person/company/brand/entity, selling counterfeit makeup or skincare products or otherwise using this Services for sale or promotion of your products that are not in compliance with applicable laws and regulations;
- decipher, reverse engineer, decompile or disassemble the Platform, Services and Perfect Console, or the software used to provide the Platform, Services and Perfect Console, in whole or in part, or authorize, direct, or cause a third party to do so;
- engage in behavior that violates anyone’s intellectual property rights including but not limited to copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights;
- use, display, mirror, frame or utilize framing techniques to enclose the Platform, Services and Perfect Console, or any portion thereof, unless and solely to the extent Perfect makes available the means for embedding any part of the Platform;
- use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform, Services and Perfect Console or to extract data;
- use the Platform, Services and Perfect Console in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Perfect shall in no event responsible your acts or omission that are harassing, threatening, defamatory, offensive or illegal messages, use, upload, make available, store or transmit unlawful, harmful, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful content when using the Platform, Services and Perfect Console;
- introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Platform, Services and Perfect Console;
- use any data mining or similar data gathering and extraction methods in connection with the Services; or
- violate applicable law (including, but not limited to, where applicable, COPPA).
We may terminate your account, subscription or suspend your access to the Services at any time with based on our sole discretion or to remove any data or content transmitted via your use of this Services without liability including no refund: (i) if we reasonably believes that the Service is being used in violation of the terms herein or in violation of any applicable rules and regulations, (ii) if requested by a law enforcement or government agency or otherwise to comply with applicable law, provided that we will use commercially reasonable efforts to notify you prior to suspending your access to the Services.
Perfect shall have no liability for any claims based on Services which has been modified or in violation of the terms herein by you where the infringement claim would not have occurred in the absence of such modification.
Intellectual Property Ownership
The Services, Console, and materials contained within the Services including aggregated data and all intellectual property rights in connection with the Services are the sole and exclusive property of Perfect and its Licensors. Except for the limited license expressly granted by and to you under these terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Perfect in these terms are expressly reserved.
In addition, you agree to grant us the right to use :(i) your company name and/or company logo within product literature, press release(s), social media, and other marketing materials; (ii) quote the your statements in one or more press releases; and/or (iii) make such other use of your company/brand name and/or logo as may be agreed between the you and Perfect. Additionally, Perfect may include your name and/or your company logo within its list of customers for general promotional purposes. We will comply with your trademark use guidelines as such are communicated to us in writing and we will use your company/brand’s marks in a manner which is consistent with industry practice. Neither party grants to the other any title, interest or other right in any marks except as provided in this Section.
- Termination by Perfect. The Services and any license created hereunder may be terminated by us if : (i) if you fail to make any payments on the due day ; (ii) if you fail to perform any other material obligation required of it hereunder, or (iii) petition for bankruptcy or insolvency, has an involuntary petition filed against you or your company or commences an action providing for relief under bankruptcy laws, files for the appointment of a receiver, or is adjudicated a bankrupt concern. In addition, if we have reason to believe that any of above items applies to you, Perfect may in its sole discretion terminate your user account on the Platform or suspend or terminate your access to the Services or Console at any time without notice. We will have no liability whatsoever on account of any change to the Services and Console or any suspension or termination of your access to or use of the Services and Console.
- Effect of Termination. Upon termination of your subscription, you shall not be permitted to access to the Services, nor circumvent any security mechanisms contained therein. Sections intended to survive shall survive termination of subscription.
Your Warranty and Indemnification Obligations.
- Warranty. By uploading your Content to the Services, you agree that you have: (a) all necessary licenses and permissions to use such Content on this Service and; and (b) the rights necessary to grant the licenses in the Terms.
- Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your Content, your use of the Services, or your violation of the Terms.
Disclaimer of Warranties
Your use of the Services are at your own risk.
- The Services is provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services will meet your expectations; or (d) any errors or defects in the Services will be corrected. We strongly advise you to provide a disclaimer to suggest that images are for illustration purposes only. We also reserve the right to modify or discontinue the Services and Console at any time (including by limiting or discontinuing certain features of the Services) without notice to you.
- In addition, we specifically disclaim any and all liability for any actions resulting from your use of the Services and you are solely accountable for any damage to your computer system or loss of data that results from the use of and access to any Service.
- When you post your Content through the Services, we shall not be responsible for: (a) any loss, corruption, or damage to your Content; (b) the deletion of Content by anyone; or (c) the inclusion of your Content by third parties on other websites or other media.
The Services exclude the following: (i) unusual external factors such as weather conditions that cause electricity, interruption of network connectivity, scheduled maintenance, camera resolution, internet speed, browser compatibility ; (ii) use of the Services that deviates from the authorized use pursuant to the terms herein; (iii) third party products, other than the interface of the Services with any third party products or services, (iv) your use of the Services in conjunction with any data or Content where use with such would gave rise to the infringement claim; or (v) your use of the Services outside the permitted scope of the terms herein.
Limitation of Liability
IN NO EVENT SHALL PERFECTS’ AGGREGATE LIABILITY EXCEED THE FEES ACTUALLY PAID BY YOU TO PERFECT IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $1,000, WHICHEVER IS LESS. IN NO EVENT SHALL PERFECT AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT OR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF PERFECT S AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge and agree that when using the Platform, Services and Perfect Console, you may have direct or indirect access or exposure to Perfect’s confidential information ("Confidential Information"). Confidential Information includes Perfect’s data, provider IDs, user information, marketing and business plans, business, financial, technical, operational and such other nonpublic information (whether disclosed in writing or verbally) that Perfect designates as being proprietary or confidential or that you should reasonably know to treat as confidential.
You acknowledge and agree that: (1) all Confidential Information shall remain the exclusive property of the Perfect; (2) you shall not use Confidential Information for any purpose except in furtherance of your use of the Platform, Services and Perfect Console; (3) you shall not disclose Confidential Information to any third party; and (d) you shall not store or keep Confidential Information and shall return or destroy (with confirmation of destruction) all Confidential Information upon the termination of your use of the Platform, Services and Perfect Console or at the request of Perfect.
You agree that all written notices, disclosures, and other communications that we provide to you electronically adequately satisfy the legal requirements of delivering it to you. It is your obligation to update your account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice is used, then such notice shall be deemed to have been given 7 days after dispatch.
Except as explicitly described in the Governing law and Dispute resolution below, you may give notice to Perfect (such notice shall be deemed given when received by Perfect) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Perfect at the following address:14F, 98, Minquan Rd. Xindian District, New Taipei City 231 Taiwan Attention: Legal Department
You acknowledge that the Services you subscribed do not collect nor store any personal data of your customer of your website or mobile app. However, as part of the Service provided to you, we may collect non-personal data relating to your customer, which may include aggregated number of users try on on a particular product(s), most popular product try on, least popular products etc. You understand that these data will be made available and license to you via console for as long as you remain as a valid subscriber to the Services. The Aggregated Data shall be purge from in your account 1 year after termination of your subscription.
We strive to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. It is important for you to have an equal or compatible data security software to protect against unauthorized access to your password and to your website or mobile app.
Trade Control and Sanction laws
The Services and your use of the Services, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Services. You agree to comply with all the laws, restrictions, and regulations and hold Perfect harmless from any claims, proceedings, damages or statutory fines.
Your use of the Service is subject to all economic or financial sanctions laws, measures or embargoes administered or enforced by the United States (including all sanctions administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury, and its “Specially Designated Nationals and Blocked Persons” lists), the PRC, Hong Kong, the European Union (including under Council Regulation (EC) No. 194/2008), the United Nations, the United Kingdom, or any other relevant sanctions Governmental Authority. You agree to comply with all the laws, restrictions, and regulations and hold Perfect harmless from any claims, proceedings, damages or statutory fines.
- Governing Law and dispute resolution. These terms are governed by the laws of Taiwan without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these terms, you and Perfect agree to submit to the personal and exclusive jurisdiction of arbitration in Taipei, Taiwan for the purpose of arbitrating any dispute. No joint venture, partnership, employment, or agency relationship exists between you, Perfect or any third-party provider as a result of the Terms or use of the Platform.
- Waiver and Severability. Except as explicitly described in the Governing Law and dispute resolution above, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Perfect to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Perfect in writing.
- Entire Agreement. These Terms comprise the entire agreement between you and Perfect and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.
- Force Majeure. Perfect shall not be liable to you for any delay or failure of Perfect to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Perfect. Such causes will include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, or delays by you in providing required resources or support or performing any other requirements hereunder.
- Assignment. You may not assign or transfer these terms or your rights under these terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
- Remedies. Perfect may pursue other equitable remedies which includes but not limited to injunctive relief or specific performance. In any event Perfect obtains such remedy against you, you will not be relieve from the obligation to pay all fees that have accrued or are otherwise owed by you under the terms herein.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU WAIVE THE RIGHT TO GO TO COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.